JA 2021_02_Redacted.pdf

Control No: Eustis-2021-2 Contractor: Janus Research Group, Inc.

Program/Equipment: FCC JMC Mission Support

Version – September 2018 FOR OFFICIAL USE ONLY

MICC Office of Counsel:

Contracting Officer:

Small Business Specialist, Small Business Program:

Assistant Director, Small Business Program:

Director, MICC – Ft Eustis:

Program/Equipment: FCC JMC Mission Support

Version – September 2018 FOR OFFICIAL USE ONLY

FAR Part 16 Exception to Fair Opportunity Justification Under Multiple Award Indefinite Delivery Contracts

For Actions Exceeding the Simplified Acquisition Threshold (SAT)

1. Contracting Activity: Mission and Installation Contracting Command (MICC), Fort Eustis, 705 Washington Avenue, Fort Eustis, Virginia 23604

2. Description of Action: FCC requests a firm-fixed price (FFP) task order with Janus Research Group, LLC (JANUS) located at 600 Ponder Place Dr., Evans, GA 30809- 3185 for a base period of six (6) months and four (4) one-month option periods in order to maintain continuity of services. This bridge will cover the period between the end of a current services task order (W911S0-15-D-0003 – W911S019F0091) and the beginning of a new competitive Multiple-Award Task Order Contracts (MATOC) planned for award in June 2021. The Government projects award for December 2020 using fiscal year 2021 Operations and Maintenance funds. The current Indefinite Delivery Indefinite Quantity (IDIQ) MATOC expired on 18 June 2020. No new orders could be placed after this date and all existing order deliveries cannot exceed 18 December 2020. There are no options to exercise or additional extensions available.

Therefore, to avoid unacceptable delays in service until the new IDIQ MATOC is awarded, a bridge task order is required. An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement (DFARS) 207.103(d)(i)(B).

3. Description of Supplies/Services: The JMC conducts physical integration and evaluations of the network, capability packages, and other adaptive core capabilities to provide Doctrine, Organization, Training, Materiel, Leadership and Education, Personnel, Facilities, and Policy (DOTMLPF-P) recommendations to the Army. These annual integration evaluations result in getting capabilities into the hands of Soldiers more rapidly, enhancing the combat survivability and operational effectiveness of U.S. Army operational forces by ensuring they have the most current technologies and DOTL-related insights. The Contractor shall support JMC in a wide variety of efforts and shall ensure that all projects maintain consistency with each other and that no duplication of effort exists within the program. The Contractor shall provide personnel, expertise, and skills required to support JMC’s mission. The specific tasks included in the Performance Work Statement (PWS) comprise assisting with the development of Strategic Communications, Engagement, Campaign Plan, and Sustainment Plans; assisting with communication of the organization vision and mission; recommending changes to the Tactical Communications Standard Operating Procedures (SOP); maintaining current Risk Management Framework (RMF) accreditation; and providing technical support to the Assured Compliance Assessment Solution (ACAS) suite and Multi-Domain Operation Simulation Center (MDOSC) and Computers, Intelligence, Surveillance, and Reconnaissance (C4ISR) architecture. The estimated costs for this bridge task order is $4,022,940.20 with a Period of Performance (PoP) from 19 December 2020 to 18 October 2021.

Program/Equipment: FCC JMC Mission Support

Version – September 2018 FOR OFFICIAL USE ONLY

Period of Performance:

Base Period: 19 Dec 20 to 18 Jun 21 Value: $2,413,764.12 Option Period 1: 19 Jun 21 to 18 Jul 21 Value: $ 402,294.02 Option Period 2: 19 Jul 21 to 18 Aug 21 Value: $ 402,294.02 Option Period 3: 19 Aug 21 to 18 Sep 21 Value: $ 402,294.02 Option Period 4: 19 Sep 21 to 18 Oct 21 Value: $ 402,294.02

Total Value: $4,022,940.20

4. Authority Cited: This action is authorized under provisions of 10 U.S.C. 2304c(b)(1) as implemented by FAR Part 16.505(b)(2)(i)(A) – The agency need for supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

5. Reason for Authority Cited:

a. JMC’s mission to conduct physical integration and evaluations of the network, capability packages, and other adaptive core capabilities to provide DOTMLPF-P recommendations to the Army is critical to support the Army’s Modernization Strategy.

JMC utilizes the services of JANUS to ensure successful delivery of JMC’s mission requirements. JANUS provides unique and highly specialized technical support as described in paragraph 3 above to ensure JMC meets its objectives on the following areas:

Establish and mature the organization as the centerpiece for network integration evaluations.

Shape and validate training and training resources for capability solutions under evaluation.

Evaluate capability solutions across DOTMLPF-P recommendations.

Sustain the organization so that it is fully capable of supporting the Army's modernization strategy.

Integrate combat, training and material developer evaluation efforts.

Inform military and political leadership and the public about Army’s modernization strategy and network integration.

As the incumbent, JANUS was awarded the current task order after competing with all other IDIQ contractors using fair opportunity procedures. JANUS was awarded the current task order because it possessed the unique and highly specialized services required by JMC. The JMC mission is highly leveraged with contractor support. The JMC non-military workforce consists of 46 government civilians and 27 JANUS contractor personnel. Since JMC relies so heavily on JANUS support and because JANUS is the only source available to fulfill this urgent need without undue delay, the exception to fair opportunity under 10 U.S.C. 2304c(b)(1) applies. The following paragraphs further elaborate on the needs of JMC, urgency of the bridge task order, and why JANUS is the only Contractor capable of immediately providing these services during this interim period.

Program/Equipment: FCC JMC Mission Support

Version – September 2018 FOR OFFICIAL USE ONLY

1) The new IDIQ MATOC (ref. Solicitation W911S0-19-R-0002) is not yet awarded due to delays caused by the changing and evolving mission of the FCC as well as changes in their internal personnel assigned to the re-compete of this requirement.

2) The planning for the new MATOC has been ongoing for at least two (2) years. A procurement of this magnitude would take two (2) years to complete under normal circumstances. During the last two (2) years, the procurement was encumbered due to the mandated transition of Army Capabilities Integration Center (ARCIC) to FCC that created turbulence in the timely development of the requirement.

The transition resulted in organizational changes in the Army Futures Command and personnel moves that contributed to delays as the new organization shifted personnel to new positions. The personnel new to the requirement process required time to become familiar with the requirement. Mandatory telework in 2020 also hampered progress of the MATOC award to a minor degree. The impact is that the new MATOC award will not be in place before the current task orders expire creating a lapse in critical services required by the agency.

3) There is insufficient time and resources available to award a bridge task order on a competitive basis without further delaying award of the follow-on contract.

The urgency resulted from the expiration of the ARCIC MATOC and the lack of success in awarding its replacement MATOC before expiration.

4) Until it is awarded, these vital services must continue without delay or lapse in service. The bridge requirement is necessary to facilitate the competitive award of the new MATOC anticipated in fiscal year 2021.

5) The required performance delivery schedule insures the bridge requirement is only as long as necessary to award the new MATOC. The base period of performance is 19 December 2020 through 18 June 2021. Additionally, there are four (4) one-month options in the event the competitive MATOC is not awarded as projected.

6) JANUS continues to provide outstanding capability documents and executive level correspondence for all task order delivery requirement submissions. JANUS is fully capable of meeting JMC’s mission to get capabilities into the hands of Soldiers more rapidly, enhancing the combat survivability and operational effectiveness of U.S.

Army operational forces by ensuring they have the most current technologies and DOTL- related insights. A gap in services will seriously impact the mission and objectives of JMC to support the Army holistic network strategy such as providing a field evaluation capability with accelerated delivery of select capabilities to the current force, reducing operational risk prior to delivery and helping build a versatile mix of mobile, networked, and combat effective brigade combat teams (BCTs). JMC will not be able to provide the required technical services needed to continue to meet their mission. This results in the mission and objectives not being met and places a high risk of mission failure on JMC.

Program/Equipment: FCC JMC Mission Support

Version – September 2018 FOR OFFICIAL USE ONLY

7) The previous task order was competed among all three MATOC contract holders. JANUS provided a proposal that exceeded the Governments requirements and placed the least risk to the Government. Their technical approach, staffing and management approach, and the execution of the mission can be applied to this bridge contract to seamlessly and urgently provide this knowledge and expertise during the bridge support. Janus has been the service provider since December 2018.

b. Alternatives

1) End Services: Forgoing current services is not a viable alternative. This would result in a significant disruption of JMC mission services support. This option results in mission failure for this critical JMC endeavor.

2) Use of Government Resources. Currently there are no available Government personnel (military or civilian) on-hand with the ability to assume the critical work performed using contractor support should there be a lapse in service.

Also, the contractor positions are performed by individuals with very specialized knowledge and experience required to execute the tasks contained throughout the PWS. The organization does not have the capability to in-source personnel to meet mission requirements without a break in operational support. The Tables of Distribution and Allowances (TDA) provides for adequate oversight and management of the contract effort, but lacks personnel with the requisite skill sets to execute the tasks outlined in the PWS.

3) Re-competing a new bridge contract effort. This alternative is not in the best interest of the Government, as a re-compete of this effort at this time would likely cause a significant disruption of mission services support conducted in the continuation of the transition of the ARCIC to the AFC FCC. A vendor other than the incumbent would have to learn how the FCC conducts business while simultaneously conducting the prioritization, integration, and synchronization of DOTMLPF capabilities developments. Competing the bridge task order and transitioning to a new contractor under that compressed timeline creates significant operational risk and increases the possibility that JMC will experience disruptions in the performance of these essential knowledge management functions, mission command decision-making functions, and oversight functions vital to its mission execution. Even if it were possible to compete the bridge task order, doing so would result in the award of an order with such an abbreviated performance period that the likelihood of receiving proposals is low because of the time necessary to compete the order (two months under the FCOE) and then phase-in a new contractor (two months).

c. Verified Minimum & Need. The minimum requirement includes performance of all performance work statement tasks until the new MATOC contract is awarded in 2021. The current services will continue until 18 December 2020. The Government requires a six-month base performance period with four one (1) month optional periods of performance. This will provide for a continuation of services through 18 October 2021. This extension will provide the needed time in order to award a contract that is fair and reasonable and provides adequate fair opportunity.

Program/Equipment: FCC JMC Mission Support

Version – September 2018 FOR OFFICIAL USE ONLY

d. Considerations for using one source. Time available versus time required, phase- in/phase-out time, and the complexity of the requirement were considered in the decision to solicit only to once source. The time available to procure new services was not adequate to obtain both required FCC approvals and Government Procurement approvals, and solicit and award a new contract. Even if a new contractor were to receive this work, then it would require a 30 day phase-in period which could place the Government at risk of a break in services. Additionally, competing the extension and transitioning to a new contractor under the compressed timeline will create significant operational risks and enhanced the possibility that JMC will experience disruptions in the performance of essential knowledge management functions, mission command decision-making functions, and the ability to perform oversight functions vital to mission execution.

e. Interim Contract Cost. This is an interim contract with the incumbent, Janus. It would be neither cost effective nor realistic to expect another Contractor to perform during the brief interim period. A new contractor will experience manning problems including recruitment and associated relocation fees; continuity of service, variety and complexity of requirements; preparation of management plans.

f. Interim Contract Requirement. This is an interim contract required until award of a follow-on service contract. The anticipated award schedule date is June 2021.

Currently, there is no protest associated with this interim task order request.

g. Impact. If there is a break in the services provided by JANUS, continuance of mission essential work will be placed in jeopardy and the risk of mission failure would be severe. JMC relies on JANUS to perform the mission critical tasks in the PWS to meets its mission needs. A suspension of services places the Government at risk as JMC will not be able to sufficiently fulfill their commitment to the Army required by their mission. A lapse in service in order to accommodate providing a fair opportunity would severely impede, if not halt, the ability of FCC and JMC to meet their objectives and accomplish their mission.

6. Actions to Increase Competition: In order to increase competition in the future, a new MATOC will be awarded in calendar year 2021, which will provide fair opportunity among those contractors selected for the services. This contract is currently being procured by MICC-Fort Eustis. Some of the tasks may be supported with a different task order due to changes in the way the services are currently provided and the FCC’s evolving mission and organization. MICC-Fort Eustis plans to issue a new task order following the award of the MATOC. No previous justifications exist for the requirements performed by the current task order.

7. Market Research: Market research was performed in September of 2020. The research results demonstrated that the requirement can be awarded under the FCOE MATOC using fair opportunity procedures but only if adequate time is available to perform all the pre-award contracting requirements. Market research techniques

Program/Equipment: FCC JMC Mission Support

Version – September 2018 FOR OFFICIAL USE ONLY included reviewing the procurement history, reviewing mandatory and preferred sources, and searching www.sam.gov and small business databases. Additionally, the market research included a review of the market research for the MATOC re-compete, which included issuing a sources sought on 18 May 2018 and conducting an Industry Day on 07 May 2019. Eleven companies responded to the sources sought. One large business and one small business were deemed either fully or moderately capable of performing all tasks. The other nine were not fully capable in all performance areas required to include capability development support, experimentation and evaluation support, synergy support, and information technology and information management support. The Industry Day resulted in significantly high participation. Both large and small businesses expressed interest in the procurement.

The Industry Day determined the market has not changed since a Sources Sought was posted in 2018 and small businesses expressed interest in only performing a few of the task areas or seeking a teaming arrangement as a subcontractor. Small businesses do not have the capability to meet the specific and complex needs of the FCC, such as synergy support and experimentation and evaluation, to meet FCC’s mission and provide the required flexibility.

In October 2020 approval was received to use the Fires Center of Excellence (FCOE) MATOC to provide a seamless continuation of services to the FCC until the new MATOC IDIQ contract (ref. Solicitation W911S0-19-R-0002) is awarded. The requirement is within the scope, performance period, and maximum value of the FCOE MATOC.

8. Other Facts:

Procurement History: The current FFP task order, W911S0-15-D-0003 – W911S019F0091, was awarded using fair opportunity procedures of FAR 16.505(b) within the Army Capabilities Integration Center (ARCIC) Mission Support Services (MSS) MATOC to JANUS on 4 December 2018 in the amount of $9,597,535.68, for a base year plus one option year. The previous requirement, W911S0-15-D-0002 – 0001, was awarded for $3,550,089.00 as a FFP task order following fair opportunity under the ARCIC MATOC to Valiant Global Defense Services on 01 March 2015 for a base year plus two option years.

Program/Equipment: FCC JMC Mission Support

Version – September 2018 FOR OFFICIAL USE ONLY

9. Technical Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

10. Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

11. Fair and Reasonable Price Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable. The techniques identified at FAR 15.404-1(b)(ii) and (v) will be used to ensure award will be at fair and reasonable prices. This determination will be made using price analysis. As a part of this basis, certified cost or pricing data will not be required and the following exception applies (FAR 15.403): Prices that were established during the original competition that are not subject to negotiation.

12. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Program/Equipment: FCC JMC Mission Support

Version – September 2018 FOR OFFICIAL USE ONLY

Approval

Based on the foregoing justification, I hereby approve the procurement of Mission Support Services for Joint Modernization Command using an exception to fair opportunity pursuant to the authority of Title 10 United States Code Section 2304c(b)(1) as implemented by Federal Acquisition Regulation Subpart 16.505(b)(2)(i)(A) – The agency need for supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays. The estimated value of the task order is $4.0 million consisting of a 6 month base period and 4 one-month option for a period of performance from 19 December 2020 through 18 October 2021. This approval is subject to availability of funds, and provided that the services herein described have otherwise been authorized for acquisition.

SCOTT D. KUKES

Alternate Advocate for Competition U.S. Army Mission and Installation Contracting Command, JBSA Fort Sam Houston, TX